October 7 Policy Call Agenda

What Doors have been Opened by the UK Data Reform Consultation? IAF Policy Call.

The Consultation by the UK Department for Digital, Culture, Media & Sport on reforms to the UK’s data protection regime raises issues that are fundamental to future global data governance.  The IAF staff will be joined by Stephanie Higgins (Cognizant), Paul Breitbarth (TrustArc) and Jordan Abbott (Acxiom) to discuss the following questions, which will inform the IAF’s response to the Consultation:

• In order to reduce barriers to innovation, should research be better defined while ensuring fair processing?
• Should the ICOs mandate be changed, and is there a conflict between the ICO’s domestic remit and the desire for the ICO to have global influence?
• To secure digital-enabled growth, what is the scope and substance of fairness in data protection? Where does the oversight for fair outcomes sit?  With the ICO?  Sector regulators?  What does this mean for fairness as required by Article 5?
• Will the proposed reforms to the Accountability Framework reduce administrative burdens, add clarity, and incent ethical data processing?

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CALL TIMELINE (CENTRAL TIME)

11:30-11:35am

Opening. Barb. Welcome & Intro speakers and light touch on the topics. Today’s call will inform the IAF’s formal response to the new UK Data Protection Consultation. If there are topics people want to explore more deeply, please let us know in the chat or separately.

Turn over to Marty.

11:35-11:37am

Context. Marty. Why – Issues and conversation have impact beyond the UK, especially in Europe. What will its impact be to a potential privacy rule to be drafted by the FTC and what will happen in Canadian legislation next year.

11:37-11:47am

1. 1. Marty. Could the proposed changes in data protection reduce barriers to innovation and research while ensuring fair processing? Describe what is being proposed – e.g. Revised broader definition of research.  Expanding Legal bases for research. Clearer definition scientific research. Is it all good or is there risk or chance for abuse by edge riders?

11:47-11:57am

2. 2. Lynn. What are the implications of proposed changes the ICO’s mandate – reporting to a board, with priorities set by the UK government? Is there a conflict between a defined domestic remit for the ICO and the desire for the ICO to have global influence?

What does this mean for European influence or influence in other parts of the world?

11:57am-12:07pm

3. 3. Peter. To secure digital-enabled growth, what is the scope and substance of fairness in data protection? Where do ethical assessments and AIA assessments fit with this new proposed oversight framework? Where does the oversight for fair outcomes sit?  With the ICO?  Sector regulators?  Where is the optimal oversight expertise? What does this mean for fairness as required by Article 5?

12:07-12:17pm

4. 4. Barb. Will the proposed reforms to the Accountability Framework (2.2)- requiring comprehensive risk-based privacy program (PMP), intending reduce bureaucracy, add clarity? How do less specific required activities align with the need to foster ethical and trusted data use? What does this mean for privacy programs (accountability-based or not) on the ground? How do orgs enhance trusted innovation. (Removes certain prescriptive elements: changes to DPO, use of DPIAs, prior consultation, A.30 RoP, breach notice thresholds; [separately in Ch. 3, enhancing trade and data flows – by new and more flexible transfer rules.])

12:17-12:27pm

Open discussion & Wrap (if time).

If there are topics people want to explore more deeply, please let us know in the chat or separately.

Thank you.

Please join the call on Thursday, October 7 at the time specific to your area.

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